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Case No. 22-0990

Steve Asmussen
v.
Iowa Racing and Gaming Commission

County:
Polk

Appellant

Steve Asmussen

Appellee

Iowa Racing and Gaming Commission

Attorneys for the Appellant

Clark O. Brewster
Joseph C. DeAngelis
Matthew Boles

Attorneys for the Appellee

David M. Ranscht, Assistant Attorney General
Jeffrey C. Peterzalek, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0990
Date Published:
Dec 20, 2023
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Greer, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  Langholz, J., takes no part. (14 pages)

            Steve Asmussen appeals the decision of the district court that affirmed the imposition of a fine by the Iowa Racing and Gaming Commission (IRGC) for the presence of a prohibited substance in a horse.  OPINION HOLDS: We find no violation of Asmussen’s substantive due process rights.  We conclude Asmussen failed to show the IRGC failed to properly apply its own rules or that the agency’s decision was not supported by substantial evidence.  We affirm the district court’s decision.

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